The Supreme Court has actually released a notice to the centre in this matter (File)
The Supreme Court is set to take a look at whether particular arrangements of the Special Marital Relationship Act of 1954 – which enables individual records to be offered to the general public throughout the 30- day notification duration before the marital relationship – breach the individual’s right to privacy.
The leading court has actually released a notice to the centre on this matter after a PIL (public interest lawsuits) was filed by a law student from Kerala. The petitioner, Nandini Praveen, sought the court’s direction to quash particular areas of the act.
Ms Praveen’s legal representative argued that positioning personal details of the to-be-wed couple in the public domain – as a notice of desired marriage in the district where at least among the couple resides in – broke an individual’s right to privacy as ensured by the Constitution.
” Your plea is that this is an infraction of the privacy of the couples. However picture if children run away to get wed how the parents would understand about the location of their kids? If other half flees, how would the spouse familiarized?” the Chief Justice of India, SA Bobde, asked Ms Praveen’s legal representative.
The legal representative, Kaleeswaram Raj, replied: “The concern being raised here is publication of records in public domain. We are not questioning inquiries to be made by the marital relationship officer”.
Mr Raj also explained that a marital relationship was a privately-made choice by two consenting grownups and, by making their details public, the State was “… obstructing … the right of the couple to be the decision-makers of their marital relationship”.
” Marriage shows a personal decision taken by two consenting grownups and the SMA (Unique Marital Relationship Act) was developed to supply a nonreligious form of marital relationship. By making the individual information of the couple accessible to everyone, the really best of the couple to be the decision-makers of their marital relationship is being obstructed by the State,” Ms Praveen’s petition stated.
The petition also explained that no genuine State interest was served by releasing the couple’s personal details.
After hearing the arguments, the top court released a notice to the centre.